YOU KNEW THE RISK — When Assumption of Risk Threatens Your Injury Claim
Imagine suffering an injury—only to be told it’s your fault because “you knew the risk.”
That’s the legal defense known as assumption of risk, and it can be a powerful tactic used by insurance companies and defendants to block your claim.
At R23 Law, our California Consumer Protection Attorneys know how to challenge this strategy. Whether you were injured at a trampoline park, ski resort, amateur sports event, or another high-risk setting, don’t assume you’ve lost your case. You still have rights—and we’re here to fight for them.
What Is Assumption of Risk?
In California personal injury cases, the defense may try to shift blame onto the injured party by arguing that the victim “assumed the risk.” In simple terms, this means:
You understood the danger involved in the activity, and you chose to do it anyway.
But assumption of risk doesn’t automatically cancel your right to recover. California law distinguishes between primary and secondary assumption of risk—critical differences that R23 Law’s attorneys analyze in every case.
Two Forms of Assumption of Risk: Express and Implied
Express Assumption of Risk
This happens when you sign a waiver or release before engaging in a risky activity (think skydiving, rock climbing, or amusement park rides). That document can limit your ability to sue—but not always.
If R23 Law can prove that the facility failed to maintain safe conditions or acted with reckless disregard for your safety, the waiver may not hold up in court.
Implied Assumption of Risk
You may not have signed anything—but your actions may still be used against you. If the defense can show you knew the risk and voluntarily accepted it, they may argue you’re responsible for your own injuries.
Example: Walking through an icy parking lot in flip-flops might open the door to an implied assumption of risk defense.
California’s Approach: Shared Fault and Consumer Rights
California follows a pure comparative negligence rule. That means even if you did assume some risk, you can still recover compensation—your damages are simply reduced by your percentage of fault.
So even if a court finds you 30% responsible, you can still recover 70% of your damages. This is where having R23 Law on your side makes the difference.
You Didn’t Sign Away Your Rights
Just because you signed a waiver doesn’t mean your case is over.
Waivers don’t cover gross negligence or reckless conduct.
Businesses are still obligated to maintain safe environments.
Hidden dangers and equipment failures void many assumption-of-risk claims.
For example, if a trampoline park has faulty springs, and you’re injured despite signing a waiver, you may still be eligible for full compensation.
R23 Law’s California Consumer Protection Attorneys are well-versed in challenging these misleading defenses.
Don’t Let the Defense Intimidate You
The assumption of risk defense is designed to make you back down. We won’t let that happen.
At R23 Law, our attorneys will:
Investigate what you knew and what was disclosed
Analyze any waivers or release forms for enforceability
Gather evidence of negligent or reckless behavior by the defendant
Push back against unfair blame-shifting tactics
Advocate for your right to full and fair compensation
We Defend California Injury Victims from Legal Gaslighting
Assumption of risk is just one of many tactics corporations and insurers use to avoid liability. At R23 Law, we represent injury victims throughout California—including those injured in high-risk recreational settings or by businesses trying to skirt accountability.
Contact us now and let our R23 California Consumer Protection Attorneys review your claim. We offer free consultations, and we don’t get paid unless you win.
